ALLIANZ INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
TERRENCE HALPENNY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LOURDES HALPENNY, INDIVIDUALLY, APPELLEE
ALLIANZ INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
TERRENCE HALPENNY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LOURDES HALPENNY, INDIVIDUALLY, APPELLEE
678 So. 2d 368
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 4 cases
Topics
Fla. Stat. § 627.727(1) Construction
Fla. Stat. § 627.727(1)
Underinsured Motorist Coverage
Statutory Interpretation
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Opinion of the Court
PER CURIAM.
Because the insurer, Allianz Insurance Company, failed to comply with the annual notice requirements of section 627.727(1), Florida Statutes (1991),1 we find that the trial court properly held that the uninsured/underinsured motorist coverage is equal to the liability limits set forth in the policy. See Patterson v. Cincinnati Ins. Co., 564 So. 2d 1149, 1152 (Fla. 1st DCA 1990); Ruiz v. Prudential Property & Casualty Ins. Co., 441 So. 2d 681 (Fla. 3d DCA 1983). Accordingly, we affirm the orders under review.
Affirmed.
. Section 627.727(1), Florida Statutes (1991), provides, in pertinent part, as follows:
The insurer shall notify the named insured at least annually of his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the department.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yzaguirre v. Progressive Am. Ins. Co., Inc., 793 So. 2d 99 (Fla. 2d DCA 2001)…insurer has failed to send this required annual notice, the courts of this state have required the insurer to provide [*101] full UM coverage regardless of the insured’s initial election of reduced coverage. See, e.g., Allianz Ins. Co. v. Halpenny, 678 So. 2d 368 (Fla. 3d DCA 1996); Patterson v. Cincinnati Ins. Co., 564 So. 2d 1149 (Fla. 1st DCA 1990); Northern Ins. Co. of N.Y. v. Hiers, 504 So. 2d 1382 (Fla. 5th DCA 1987). Conversely, when the insurer has sent the required annual notices to the insured in c…
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Wolf v. Progressive Am. Ins. Co., 34 So. 3d 81 (Fla. 1st DCA 2010)…te states only that such notice must be sent “at least annually.” See Yzaguirre v. Progressive Am. Ins. Co., Inc., 793 So. 2d 99, 100 (Fla. 2d DCA 2001) (referring to the “annual notice” required by section 627.727(1)); Allianz Ins. Co. v. Halpenny, 678 So. 2d 368, 369 (Fla. 3d DCA 1996) (same). The statutory language requiring the notice to be “part of, and attached to, the notice of premium” dictates the manner in which the notice must be provided, not the frequency with which it must be provided. Progressi…
Authorities Cited
- Patterson v. Cincinnati Ins. Co., 564 So. 2d 1149 (Fla. 1st DCA 1990)
- Eugenia Gonzalez v. United States Fid. & Guar. Co., 441 So. 2d 681 (Fla. 3d DCA 1983)
- Ruiz v. Prudential Prop. & Cas. Ins. Co., 441 So. 2d 681 (Fla. 3d DCA 1983)